This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
A Brazilian nurse practitioner sought to continue work in the U.S. as a nurse practitioner specializing in hospital infection control and burn injury care, proposing to develop infection-control training programs, integrate new technologies, and eventually employ other healthcare professionals.
Field: nursing / infection control and burn injury care · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director and AAO agreed Petitioner qualifies as an advanced degree professional; issue was limited to the national interest waiver.
Prong 1 — national importancenot established · dispositive
“she does not explain how her specific work as an individual nurse ... will address a national talent shortage or affect the fields of infection control, bum treatment, or the healthcare industry.”
“neither the Petitioner's professional plan, letters of support, nor other documentation in the record specify how the Petitioner will actualize the vague and overarching concepts that she describes here.”
“the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's pursuits as a nurse practitioner reach the level of "substantial positive economic effects"”
“she does not explain how her work will have a positive impact on entities outside of an immediate employer or any individuals to whom she intends to provide medical services.”
AAO decision text
How the evidence was treated
- business plan · discounted
“neither the Petitioner's professional plan, letters of support, nor other documentation in the record specify how the Petitioner will actualize the vague and overarching concepts”
AAO decision text - recommendation letter · discounted
“this documentation speaks to the Petitioner's qualifications as a nurse practitioner, it does not address how her intention to work ... will have a national impact.”
AAO decision text - resume experience · discounted
“relate not to the first Dhanasar prong addressing the national importance of a proposed endeavor, but to the second.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
The Petitioner, appearing to be self-represented or drafting her own brief, made sweeping and grammatically informal claims (e.g., 'It's not too much to realize that for this I will need to employ several other professionals') about broad economic impact, which the AAO characterized as aspirational and unsupported.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.3
- Flores v. Garland
- Matter of L-A-C-
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